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HomeMy WebLinkAboutNS-1806 - Amending Sections and Repealing Sections of the Santa Ana Municipal Code and Adding Sections and Thereto to Adopt the Uniform Building Code, ...~DG :mb 6/12/85 ORDINANCE NO. NS-1806 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 8-2, 8-43, 8-44, 8-50, 8-90, 8-95, 8-112, 8-151, 8-156, 8-173, AND 8-202, REPEALING SECTIONS 8-179, 8-180, 8-190, AND 8-191 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTIONS 8-100 AND 8-157 THERETO TO ADOPT THE UNIFORM BUILDING CODE, 1982 EDITION, WITH AMENDMENTS, BY REFERENCE. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Sections 8-40, 8-41, and 8-42 of the Santa Ana Municipal Code are hereby repealed. SECTION 2: That Sections 8-43 of the Santa Ana Municipal Code is amended to read as follows: Sec. 8-43. Adoption by reference. There is adopted by the City that certain code known as the Uniform Building Code, 1982 Edition, and the whole thereof, to- gether with the appendicies therein and the 1982 Edition of the uniform Building Code Standards, save and except such portions as are deleted by the amendments set forth in this article, of which said code not less than three (3) copies have been and are on file in the office of the Clerk of the Council of the City. The said code is adopted and incorporated as fully as if set forth at length herein as provided for in Section 419 of the Charter of the city, and subject to all amendments set forth in this article, shall be in effect within the City of Santa Ana from the effective date of this ordinance. Any provision of this article amending the "Building Code" or "Uniform Building Code" shall be construed as amending the said adopted code, 1982 Edition, including such provisions enacted prior to the enactment of this ordinance and not thereafter repealed. The said adopted code, 1982 Edition, as thus amended, together with all other provisions of this article, shall be known as the Building code of the city of Santa Ana. SECTION 3: That Sections 8-179, 8-180, 8-190, 8-191 of the Santa Ana Municipal Code are hereby repealed. ORDINANCE NO. NS- 1806 PAGE TWO SECTION 4: That Section 8-2 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-2. License tax paid prior to final inspection. No final inspection required by any of the provisions of this chapter shall be issued, or applied for, until the Executive Director of Finance and Management Services or his designated representative shall have certified that applicable license taxes have been paid by all independent contractors who have performed any work or service upon the project for which such final inspection is required. The building official shall not make such final inspection until the Executive Director of Finance and Management Services or his designated representative certifies that there has been full compliance with the requirements of Chapter 21 of this Code and all other applicable taxing laws. To obtain such certificate, there shall be submitted to said Executive Director or his desig- nated representative, an affidavit or declaration under penalty of perjury, by the owner of the property or by the contractor having control of the project, upon a form provided by the city, which contains the complete name, street address of the place of busi- ness and the telephone number of each contractor and subcontractor who has performed any work or labor, or has rendered any service upon the project for wh%ch such final inspection is required. SECTION 5: That Section 8-44 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-44. Transportation system improvement fee. (a) In addition to any other charges, there shall be a special fee required as a condition precedent to the issuance of certain building permits for construction or improvement on those properties lying at lest partially within any portion of the city designated by resolution of the city council as a transportation system improvement program area. (b) The building official shall require the payment of a special fee in the amount of one per cent of the estimated cost of construction or improvement for the transportation system im- provement program area before a building permit will be issued ORDINANCE NO. NS-1806 PAGE THREE when an application for a building permit indicates the following: (1) A construction or improvement project which will result in an increase of floor area is on a parcel of land which lies wholly or partially within the · boundaries of a transportation improvement program area; and (2) The estimated cost of the proposed construction or improvement, as determined by the director of planning and development services, will exceed twenty thousand dollars ($20,000.00). For purposes of this section the valuation per square foot shall not exceed that listed in the latest edition of "Building Standards Magazine" containing a building valuation data chart. (c) The following construction and improvement projects are specifically excluded from the requirements of this section: (1) Construction of single-family residential units and accessory structures to be constructed on parcels in any Residential Estate ("RE") or Single-Family Residence ("Ri") district. (2) Tenant improvements and maintenance work which will not increase the floor area of existing structures. (3) Off-street parking facilities, whether surface or structured. (d) Any resolution of the city council establishing a transportation system improvement program area shall have affixed thereto a map specifically describing the boundary of such transportation system improvement program area and shall be on file in the office of the clerk of the council. (e) The purpose of a transportation system improvement program is to identify and designate those areas where the transportation system may experience a significant reduction in the level of service unless corrective measures are instituted concurrent with increased transportation demands. Fees collected for building projects and improvements on properties in a transportation systems improvement program area shall be used to improve the transportation system within such area when such improvements will substantially benefit the transportation system within the area. ORDINANCE NO. NS- 1806 PAGE FOUR SECTION 6: That Section 8-50 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-50. Lot line waivers. (a) In the event that land has been divided without prior approval of the city in the manner set forth in the subdivision Map Act and the subdivision regulations of the city, and such division results in violations of the building code by reason of the interior lot lines thereby created, the requirements of the building code which apply to existing buildings, other than R occupancy buildings, by reason of such interior lot lines, may be waived, if: (1) The owners of the lots created by the division submit a tentative map for.the division and obtain conditional approval thereof; and (2) The existing buildings are not rendered substantially less safe by reason of the lot lines thereby created than would be the case if the land had remained under single ownership and the building space had been divided by long-term leases or condominiums into units similar to those resulting from the division of land; and (3) The restructuring or remodeling of the buildings to strictly conform to the building code requirements arising by reason of the interior lot lines would cause economic hardship disproportionate to the additional protection against spread of fire between ownership units which would result from strict adherence to such building code requirements. (b) As used herein "existing building" means a building in existence prior to the time of submission of a tentative map pursuant to the subdivision Map Act and the subdivision regulations of the city. (c) A waiver under this section shall be approved, conditionally approved, or denied by the city council after review and recommendations by the building official,~the fire chief, and the Executive Director of Public Services. Any such waiver may be made subject to conditions designed to maintain or improve ORDINANCE NO. NS-1806 PAGE FIVE building safety, including: (1) A requirement for covenants, conditions and restrictions running with the lots created by the division of land; (2) A requirement that fire flow limitations as specified by the fire chief shall not be exceeded; (3) Additional water service for fire protection purposes. SECTION 7: That Section 8-90 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-90. Creation of department (Section 201). Section 201 of the Building Code is amended to read as follows: There is established in the city the Community Develop- ment and Housing Agency, which shall be under the jurisdiction of the Executive Director of Community Development and Housing Agency designated by the city manager. Whenever in this code reference is made to building official such reference shall be taken to mean the Executive Director of Community Development and Housing Agency. SECTION 8: That Section 8-95 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-95. Exempted work (Section 301(b)). Section 301(b) of the Building Code is hereby amended to read as follows: (b) Exempted work. A building permit shall not be required for the following: 1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the pro- jected roof area does not exceed fifty (50) square feet and not over eight (8) feet above average grade as defined in this code, and with no electric or plumbing fixtures or heating in the struc- ture. 2. Fences not over forty-two (42) inches high. 3. Oil derricks. ORDINANCE NO. NS-1806 PAGE SIX e feet high. Cases, counters and partitions not over five (5) 5. Retaining walls which retain less than two (2) feet of earth unless supporting a surcharge or impounding flammable liquids and not acting as a foundation for a building or structure or retaining soil loaded by a building footing or supporting a fence or wall. 6. Painting, papering and similar finish work. 7. Temporary motion picture, television and theater stage sets and scenery as directed by the building official. 8. Window awnings supported by an exterior wall of Group R, Division 3, and Group M Occupancies when projection not more than thirty (30) inches. 9. Prefabricated swimming pools of flexible membrane construction which are accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed five thousand (5,000) gallons. unless otherwise exempted by this code, separate plumbing, electrical and mechanical permits will be required for the above-exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. SECTION 9: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 8-100, which said section reads as follows: Sec. 8-100. Special inspectors (Section 306(b)). Section 306(b) of the Building Code is hereby amended by adding the following: Each person applying for registration as a special in- spector for the City of Santa Ana shall pay an examination fee established by resolution of the City Council for each classifica- tion, payable with the application thirty (30) days prior to the examination. Any person failing to pass the examination may re- take the examination one additional time without additional fee after a thirty (30) day waiting period and within ninety (90) ORDINANCE NO. NS-1506 PAGE SEVEN days of the first examination date. No part of any examination fee shall be returned to any applicant. Failure to pass the sec- ond examination will require the applicant to wait a minimum of one year from date of original application before filing another application for examination. An applicant may be granted a waiver from the examination by providing proof of certification by a similar jurisdiction who requires an examination for certifica- tion. A registration card shall be issued to each such appli- cant that the building official qualifies. A renewal fee estab- lished by resolution of the City Council for each classification shall be due and payable on January 1 of each year thereafter, at which time the special inspector may be subject to reexamination. The building official may revoke any special inspector's certificate of registration at any time for due cause by written notice. This notice shall set forth the time and place for a hearing before the building official, at which time and place evidence shall be submitted by the special inspector to show cause why his certificate of registration should not be revoked. Fail- ure to appear at such hearing by the special inspector may result in immediate revocation of said special inspector's certificate of registration. Special inspectors qualification examinations are to be given only for the execution of the work described under Section 306(a) of the Uniform Building Code in the incorporated area of the City of Santa Ana. SECTION 10: That Section 8-112 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-112. Use and occupancy (Section 307(a)). Section 307(a) of the Building Code is amended to read as follows: (a) Use or Occupancy. No building or structure shall be used or occupied, nor shall such building or structure be connected with permanent utility services, until the building official has determined compliance with this code, all other applicable ordinances and laws, and the conditions of the building permit, and has authorized occupancy of such building or structure. No existing commercial or industrial building whose electrical service has been disconnected shall be reconnected with electrical service until an inspection has been made and the ORDINANCE NO. NS-1806 PAGE EIGHT building official has determined that the building does not con- stitute an unsafe building as defined by Section 203. SECTION 11: That Section 8-151 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-151. Swimming pools (Section 1101). Section 1101, Division 2, of the Building Code is amended to read as follows: Division 2. Swimming pools, fences over forty-two (42) inches high, walls retaining two (2) feet or more of earth, tanks, towers, flagpoles, and lighting standards. SECTION 12: That Section 8-156 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-156. Pool fence required (Section 1107). Chapter 11 of the Building Code is amended by adding Section 1107 to read as follows: Section 1107. Fencing Required. Every swimming pool, pond, or other body of water eighteen (18) inches or more in depth at any point shall be surrounded by a fence or wall not less than five (5) feet above the adjacent exterior grade, such fence or wall shall be constructed and maintained with no openings nor projections which could serve as a means to scale the fence or wall. Openings between vertical members shall be no wider than four (4) inches and horizontal members, accessible from the exte- rior, shall be no closer than forty-eight (48) inches. EXCEPTION: Any man-made pond or lake which is designed, constructed, and maintained to conform to all of following standards: the 1. The maximum water depth of the pond or lake shall not exceed eighteen (18) inches at any place within four (4) feet of the bank (Bank shall mean the edge of the water or any point adjacent to or under a bridge, dock, or similar structure or feature which provides access to the water). 2. From a point four (4) feet from the depth may increase at a maximum slope of one every eight (8) inches of horizontal distance bank. bank, the water (1) inch for away from the ORDINANCE NO. NS-1806 PAGE NINE 3. The bottom shall be surfaced within fifteen (15) feet of the bank with concrete, asphalt, soil cement, or other material approved by the director of building safety. The vertical distance from the bank to this bottom surface shall not exceed eighteen (18) inches, measured at the bank. 4. The open areas surrounding the pond or lake within a distance of twenty (20) feet from the bank shall not increase in grade at a slope greater than one (1) inch for every eight (8) inches of horizontal distance away from the bank. 5. The drainage, water level, and overflow system shall be designed with a secondary water level control which will automatically function to maintain water levels and depths within the limits of these standards in the event of failure or stoppage of the primary control. The design of such system shall be submitted to and receive approval of the Executive Director of Public Services and building official prior to beginning of construction. Openings for gates or doors through such enclosure shall not exceed forty-eight (48) inches in width. Each gate or door shall be self-closing and self-latching with release five (5) feet above exterior grade or so located on the pool side as to prevent release from the exterior. EXCEPTION NO. 1: Doors opening into a dwelling or apartment. EXCEPTION NO. 2: When approved by the building offi- cial, municipal or public school operated pools or ponds when under continuous supervision while gates or doors are unlocked. Except for single family residences, the fence or walls shall be so located as to allow access to all living units without entering the pool enclosure. The fence or walls shall serve to isolate the pool from other activities or structures and shall be located within fifty (50) feet of the pool. Gates in such enclosures shall be located in view of the pool. A building wall with no doors may be used as part of such pool enclosures when within the specified distance of the pool. EXCEPTION: When approved by the building official, such enclosures may include sunshade, toilet, or shower structures which are used only in conjunction with the pool. ORDINANCE NO. NS-1806 PAGE TEN SECTION 13: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 8-157, which said section reads as follows: Sec. 8-157. Abandoned pools. (Section 1106) The building code is hereby amended by adding a section, to be numbered 1108, which section shall read as follows: Sec. 1108. Abandone~ Pools. Pools which are to be abandoned shall be filled solid with granular material to prevent flotation and capped with soil, sand, concrete, or asphalt paving material. The pool wall must be perforated with sufficient openings to permit infiltration and exfiltration of ground water. All connections to water supply or drains must be capped in accordance with applicable codes. All electrical connections are to be terminated or disconnected in accordance with the electrical code. SECTION 14: That Section 8-173 of the Santa Ana Municipal Code lS hereby amended to read as follows: Sec. 8-173. Ducts penetrating fire rated corridor walls and ceilings (Section 4306(J)). Point 5 of Section 4306(J) of the uniform Building Code is amended to read as follows: 5. Ducts penetrating fire rated corridor walls or ceiling having openings into the corridor shall have fire dampers installed in accordance with Section 4306-B(1) and (2). The device shall be the re-set type. SECTION 15: That Section 8-202 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-202. Enforcement,,' The building o l~cial or his authori~rrepresentatives are hereby empowered a~ directed to adminisJ~e~ and enforce the / provisions of this ~/'%~sion.relating to p_h,l~ical security / requirements for j~fildings in the Cit~ ~sant~ Ana. Plans a~ specifications~r proposed ~onstruc~n must b~ approved ~the_ building off~ or his auth~riz~/~s~n~9%~ves in 9~rd~nc~ with the ~~~u~ldin~er~is ~o~ finall~~~Pl~?r sai~~thority that app~~l~ divis~o%. / ORDINANCE NO. NS- 1806 PAGE ELEVEN SECTION 16: If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sectionst subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 17: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall, in any manner, affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 18th day of November , 1985. ATTEST: Daniel E. Griset Mayor Janice C. Guy Clerk of the Council COUNCILMEMBERS: Griset Aye Acosta Aye Hart ~ye Johnson Aye Luxembourger aye McGuigan aye Young A~e APPROVED AS TO FORM: Edward &3. ~op~r City AttorneY!;''